Freezing case trials in Union County causes major damage

John O'Boyle/The Star-LedgerAerial view of the Union County Courthouse and jail in Elizabeth.

By Bari Weinberger

In Union County, all civil trials have been temporarily suspended, with the freeze expected to last through the end of August, in large part due to judicial vacancies and a lack of available judges.

While Union County suspended civil trials, neighboring Essex County put a hold on divorce trials since December 2011; it, too, is set to take on its backlog next month.

As a divorce attorney and litigator, I am deeply concerned with the family trial freezes. Swift, permanent action should be taken. While only a small percentage of divorce cases are actually tried, those that reach trial generally involve hotly contested issues such as child custody, alimony and the division of complex assets. Being forced to wait extended periods for a trial judge to become available is emotionally and financially devastating to the parties and their families, who often want and need critical issues resolved as quickly as possible.

For example, I represent a client with serious health issues. Her divorce began in 2011. We initially were told the trial would begin in January 2012. Then, due to an already-packed trial calendar, it was rescheduled to summer. Now, thanks to the Essex County divorce trial freeze, there is no scheduled trial date at all. She is under enormous stress, which only exacerbates her health issues. Unfortunately, she has no recourse — her only choice is to wait.

However, it’s not judges who are to blame. Those on the bench are overloaded with cases and to make matters worse, there has been a reduction in staff throughout the state. That means the very judges ambitiously working to move cases along often lack the staff support to make it happen.

Union County should have 25 judges sitting to hear disputes. Nine of those seats are vacant. As one of the busier judicial vicinages, it will be nearly impossible to clear the backlog any time soon. In Essex County, the Band-Aid approach will be to borrow judges from other counties. All this begs the question: What’s the real fix? Here are some suggestions, some of which are already being implemented:

• First, free up funding to recall more retired judges to help handle the older caseload. Retired judges bring vast experience to the bench and are equipped to manage a heavy court calendar. Recalling judges to sit and hear matters should be the priority, especially cases involving children.

• Maintain in-person case-management conferences for only select cases. If a case is complex enough to require a judge’s involvement, then the case-management conference can be conducted in person. However, for less complex cases, allowing attorneys to appear by phone instead would save time and money and also free up time for the judges to attend to other matters.

• Ensure financial sanctions are applied for frivolous claims and/or violations of court orders. Properly administered and enforced, sanctions are a deterrent to wasting judicial resources, can help mitigate the backlog and help lessen the massive case burden on judges.

These are the lazy days of summer, but finding a permanent solution to the problem of judicial vacancies should be a highest priority. When it’s your day in court, wouldn’t it be nice to have a judge there to hear your case?

Bari Weinberger is a founding partner of Weinberger Law Group in Parsippany.